Our client, an uncontrolled diabetic since adolescence, developed numerous complications from the disease over the years, including significant vision impairment, which eventually forced her to stop working. She was denied long-term disability benefits by her group insurer, Desjardins Financial Security. She subsequently suffered a stroke and was hospitalized with a severe case of meningo-encephalitis,

The plaintiff filed a second claim for benefits, which Desjardins approved. Eight months later, they terminated the plaintiff’s benefits. Desjardins alleged that the plaintiff had worked as an office clerk with the same medical conditions for a number of years without a need to take time off work and should continue to do so. Moreover, they alleged that the complications from her stroke and meningo-encephalitis should have been resolved at that point.

The insurer’s decision to terminate benefits went against the advice of the plaintiff’s medical doctors, who expressly stated that the plaintiff was totally and permanently disabled and would likely never return to the workforce.

The evidence presented by Share Lawyers at mediation was compelling, and persuaded Desjardins to reconsider their position. The negotiated settlement took into consideration the permanent nature of the plaintiff’s disability, and she was awarded an amount that would sustain her financially for the forseeable future.*

*All names and identifying details have been changed for confidentiality purposes.

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